MARIYAMMAL Vs. S MARIYAPPAN

JUDGEMENT

(1.) THE Revision petitioners 1 to 4 have filed the present Civil Revision Petition as against the order dated 20.02.2001, in I.A.No.237 of 2000 in O.S.No.330 of 1992 passed by the learned District Munsif, Sattur, praying permission of the trial Court to implead the petitioners 2 to 5 as legal representatives of the deceased plaintiff as per Order 22 Rule 3 and Section 151 of Code of Civil Procedure.

(2.) THE trial Court viz., learned District Munsif, Sattur, while passing orders in I.A.No.237 of 2000 in O.S.No.330 of 1992 on 20.02.2001 has among other things observed that the I.A.No.237 of 2000 filed by the Revision Petitioners/Proposed Plaintiffs 1 to 4 under Order 22 Rule 3 and Section 151 of the Code of Civil Procedure, is hit by the plea of a limitation and resultantly, dismissed the application without costs.

(3.) IN short, it is the contention of the learned Counsel for the Revision Petitioners that Order 22 Rule 3 and Rule 4 of Civil Procedure Code will not apply to the cases of death after the passing of preliminary decree as per the decision in Pooranchand and Others -Vs- Shriram and others reported in AIR 1963 Rajasthan 245.